ITO 16(1)(2), MUMBAI v. NEW GULISTAN CHS LTD, MUMBAI

ITA 6103/MUM/2011 | 2008-2009
Pronouncement Date: 31-07-2012 | Result: Dismissed

Appeal Details

RSA Number 610319914 RSA 2011
Assessee PAN AAAAN1756F
Bench Mumbai
Appeal Number ITA 6103/MUM/2011
Duration Of Justice 10 month(s) 28 day(s)
Appellant ITO 16(1)(2), MUMBAI
Respondent NEW GULISTAN CHS LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-07-2012
Assessment Year 2008-2009
Appeal Filed On 02-09-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH MUMBAI BEFORE SHRI R.S. SYAL ACCOUNTANT MEMBER AND SHRI VIVEK VARMA JUDICIAL MEMBER ITA NO.6103/M/2011 ASSESSMENT YEAR: 2008-2009 ITO-16(1)(2) MATRU MANDIR MUMBAI 400 007. VS. NEW GULISTAN CHS LTD. 13 CARMICHAEL ROAD MUMBAI 400 026. PAN: AAAAN1756F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MOHIR JAIN RESPONDENT BY : SHRI M.D. PANDYA DATE *OF HEARING: 25.07.2012 DATE OF O RDER: 31.07.2012 O R D E R PER R.S. SYAL A.M. THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY CIT (A)-27 MUMBAI DATED ON 26.5.2011 IN RELATION TO THE ASSES SMENT YEAR 2008-2009. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION ON ACCOUNT OF TRANSFER CHARGES AMOUNTING TO RS. 54 67 500/-. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT SIMILAR ADDITION WAS MA DE BY THE ASSESSING OFFICER FOR ASSESSMENT YEAR 2006-2007 WHICH WAS DELETED BY THE FIRST APPELLATE AUTHORITY. WHEN THE MATTER CAME UP BEFORE THE TRIBUNAL THE VI EW TAKEN BY THE LD. CIT (A) 2 ITA NO.6103/M/2011 HAS BEEN AFFIRMED. THE COPY OF THE SAID ORDER PASS ED BY THE TRIBUNAL DATED 7.3.2012 IN ITA NO.3516/M/2011 IS PLACED ON RECORD. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE FACTS AND C IRCUMSTANCES FOR THE CURRENT YEAR ARE MUTADIS MUTANDIS SIMILAR TO THOSE FOR ASSESSMENT YEAR 2006-2007 DEC IDED BY THE TRIBUNAL. RESPECTFULLY FOLLOWING THE PRECEDENT WE HOLD THE IMPUGNED ORDER ON THIS ISSUE. 4. IN THE RESULT APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF JULY 2012. SD/- SD/- (VIVEK VARMA) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI. DATED THE 31.07.2012 OKK COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE AS MENTIONED IN THE CAUSE TITLE 2. ACIT CONCERNED. 3. CIT-CONCERNED 4. D.R. ITAT B BENCH MUMBAI 5. GUARD FILE BY ORDER ASSISTANT REGISTRAR I.T.A.T MUMBAI.